HOME

TheInfoList



OR:

Same-sex marriage, also known as gay marriage, is the
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being
Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
, constituting some 1.35 billion people (17% of the world's population). In
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
, a law allowing same-sex marriage will come into force on 17 February 2023. Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. In contrast, 34 countries (as of 2021) have definitions of marriage in their constitutions that prevent marriage between couples of the same sex, most enacted in recent decades as a preventative measure. Some other countries have constitutionally mandated Islamic law, which is generally interpreted as prohibiting marriage between same-sex couples. In six of the former and most of the latter, homosexuality itself is criminalized. There are records of marriage between men dating back to the
first century The 1st century was the century spanning AD 1 ( I) through AD 100 ( C) according to the Julian calendar. It is often written as the or to distinguish it from the 1st century BC (or BCE) which preceded it. The 1st century is considered part of t ...
.Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, p. 280, p. 284. In the modern era, the first civil government to knowingly issue a marriage license to a same-sex couple was Blue Earth County, Minnesota, United States in 1971. The first law providing for marriage equality between same-sex and opposite-sex couples was passed in the continental Netherlands in 2000 and took effect on 1 April 2001, after being signed by Queen Beatrix. The application of marriage law equally to same-sex and opposite-sex couples has varied by jurisdiction, and has come about through legislative change to marriage law, court rulings based on constitutional guarantees of equality, recognition that marriage of same-sex couples is allowed by existing marriage law, and by direct popular vote, such as through
referendum A referendum (plural: referendums or less commonly referenda) is a Direct democracy, direct vote by the Constituency, electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a Representative democr ...
s and
initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
s. The most prominent supporters of same-sex marriage are the world's major medical and
scientific communities The scientific community is a diverse network of interacting scientists. It includes many " sub-communities" working on particular scientific fields, and within particular institutions; interdisciplinary and cross-institutional activities are als ...
, and
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...
and
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
organizations, while most prominent opponents are
religious fundamentalist Fundamentalism is a tendency among certain groups and individuals that is characterized by the application of a strict literal interpretation to scriptures, dogmas, or ideologies, along with a strong belief in the importance of distinguishing ...
groups. Polls consistently show continually rising support for the recognition of same-sex marriage in all developed democracies and in some developing countries. Scientific studies show that the financial, psychological, and physical well-being of gay people are enhanced by marriage, and that the children of same-sex parents benefit from being raised by married same-sex couples within a marital union that is recognized by law and supported by societal institutions.
Social science Social science is one of the branches of science, devoted to the study of societies and the relationships among individuals within those societies. The term was formerly used to refer to the field of sociology, the original "science of s ...
research indicates that the exclusion of same-sex couples from marriage stigmatizes and invites public discrimination against gay and lesbian people, with research also repudiating the notion that either civilization or viable social orders depend upon restricting marriage to heterosexuals. Same-sex marriage can provide those in committed same-sex relationships with relevant government services and make financial demands on them comparable to that required of those in opposite-sex marriages, and also gives them legal protections such as inheritance and hospital visitation rights. Opposition to same-sex marriage is based on claims such as that homosexuality is unnatural and abnormal, that children are better off when raised by opposite-sex couples, that recognition of same-sex marriage violates
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
and undermines religion, that legalizing same-sex marriage would lead to polygamous and incestuous marriages being legalized, that legalization would undermine the institutions of marriage and the family, that same-sex couples cannot procreate, and that the recognition of same-sex unions will promote homosexuality in society. The first two claims are refuted by scientific studies, which show that homosexuality is a natural and normal variation in human sexuality, and that
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
is not a choice. Many studies have shown that children of same-sex couples fare just as well as the children of opposite-sex couples; some studies have shown benefits to being raised by same-sex couples.Multiple sources: * * * * * * * * * *


Terminology


Alternative terms

Some proponents of the legal recognition of same-sex marriage—such as Marriage Equality USA (founded in 1998),
Freedom to Marry Freedom to Marry was the national bipartisan organization dedicated to winning marriage for same-sex couples in the United States. Freedom to Marry was founded in New York City in 2003 by Evan Wolfson. Wolfson served as president of the organi ...
(founded in 2003), and Canadians for Equal Marriage—have long used the terms ''marriage equality'' and ''equal marriage'' to signal that their goal was for same-sex marriage to be recognized on equal ground with opposite-sex marriage. The
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. new ...
recommends the use of ''same-sex marriage'' over ''gay marriage''.


Use of the term ''marriage''

Anthropologists have struggled to determine a definition of
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
that absorbs commonalities of the
social construct Social constructionism is a theory in sociology, social ontology, and communication theory which proposes that certain ideas about physical reality arise from collaborative consensus, instead of pure observation of said reality. The theory ...
across cultures around the world. Many proposed definitions have been criticized for failing to recognize the existence of same-sex marriage in some cultures, including those of more than 30
African peoples African or Africans may refer to: * Anything from or pertaining to the continent of Africa: ** People who are native to Africa, descendants of natives of Africa, or individuals who trace their ancestry to indigenous inhabitants of Africa *** Ethn ...
, such as the
Kikuyu Kikuyu or Gikuyu (Gĩkũyũ) mostly refers to an ethnic group in Kenya or its associated language. It may also refer to: *Kikuyu people, a majority ethnic group in Kenya *Kikuyu language, the language of Kikuyu people *Kikuyu, Kenya, a town in Centr ...
and Nuer. With several countries revising their marriage laws to recognize same-sex couples in the 21st century, all major English dictionaries have revised their definition of the word marriage to either drop gender specifications or supplement them with secondary definitions to include gender-neutral language or explicit recognition of same-sex unions. The ''
Oxford English Dictionary The ''Oxford English Dictionary'' (''OED'') is the first and foundational historical dictionary of the English language, published by Oxford University Press (OUP). It traces the historical development of the English language, providing a c ...
'' has recognized same-sex marriage since 2000. Opponents of same-sex marriage who want marriage to be restricted to pairings of a man and a woman, such as
the Church of Jesus Christ of Latter-day Saints The Church of Jesus Christ of Latter-day Saints, informally known as the LDS Church or Mormon Church, is a Nontrinitarianism, nontrinitarian Christianity, Christian church that considers itself to be the Restorationism, restoration of the ...
, the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
, and the
Southern Baptist Convention The Southern Baptist Convention (SBC) is a Christian denomination based in the United States. It is the world's largest Baptist denomination, and the largest Protestant and second-largest Christian denomination in the United States. The wor ...
, use the term ''traditional marriage'' to mean opposite-sex marriage.


History


Ancient

A reference to marriage between same-sex couples appears in the
Sifra Sifra ( Aramaic: סִפְרָא) is the Halakhic midrash to the Book of Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" ...
, which was written in the 3rd century CE. The
Book of Leviticus The book of Leviticus (, from grc, Λευιτικόν, ; he, וַיִּקְרָא, , "And He called") is the third book of the Torah (the Pentateuch) and of the Old Testament, also known as the Third Book of Moses. Scholars generally agree ...
prohibited homosexual relations, and the Hebrews were warned not to "follow the acts of the land of Egypt or the acts of the land of Canaan" (Lev. 18:22, 20:13). The Sifra clarifies what these ambiguous "acts" were, and that they included marriage between same-sex couples: "A man would marry a man and a woman a woman, a man would marry a woman and her daughter, and a woman would be married to two men." What is arguably the first historical mention of the performance of marriages between same-sex couples occurred during the early
Roman Empire The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Roman Republic, Republican period of ancient Rome. As a polity, it included large territorial holdings aro ...
according to controversialShaw criticizes Boswell's methodology and conclusions as disingenuous historian John Boswell. These were usually reported in a critical or satirical manner. Child emperor Elagabalus referred to his
chariot A chariot is a type of cart driven by a charioteer, usually using horses to provide rapid motive power. The oldest known chariots have been found in burials of the Sintashta culture in modern-day Chelyabinsk Oblast, Russia, dated to c. 2000&n ...
driver, a blond slave from
Caria Caria (; from Greek: Καρία, ''Karia''; tr, Karya) was a region of western Anatolia extending along the coast from mid- Ionia (Mycale) south to Lycia and east to Phrygia. The Ionian and Dorian Greeks colonized the west of it and joine ...
named Hierocles, as his husband. He also married an athlete named Zoticus in a lavish public ceremony in Rome amidst the rejoicings of the citizens. According to Craig A. Williams, some Romans as early as the first century clearly did participate in formal ceremonies in which two males were married. These marriages were seen as atypical: Williams writes that "a marriage between two fully gendered 'men' was inconceivable; if two males were joined together, one of them had to be 'the woman.'"Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, pp. 279–284. The first Roman emperor to have married a man was
Nero Nero Claudius Caesar Augustus Germanicus ( ; born Lucius Domitius Ahenobarbus; 15 December AD 37 – 9 June AD 68), was the fifth Roman emperor and final emperor of the Julio-Claudian dynasty, reigning from AD 54 un ...
, who is reported to have married two other males on different occasions. The first was with one of Nero's own
freedmen A freedman or freedwoman is a formerly enslaved person who has been released from slavery, usually by legal means. Historically, enslaved people were freed by manumission (granted freedom by their captor-owners), emancipation (granted freedom ...
,
Pythagoras Pythagoras of Samos ( grc, Πυθαγόρας ὁ Σάμιος, Pythagóras ho Sámios, Pythagoras the Samian, or simply ; in Ionian Greek; ) was an ancient Ionian Greek philosopher and the eponymous founder of Pythagoreanism. His poli ...
, with whom Nero took the role of the bride.Williams, CA., ''Roman Homosexuality: Second Edition'', Oxford University Press, 2009, p. 284. Later, as a groom, Nero married Sporus, a young boy, to replace his wife Poppaea Sabina following her death,Nero missed her so greatly that, on learning of a woman who resembled her, he sent for her and kept her; but later he caused a boy of the freedmen, whom he used to call Sporus, ... "he formally "married" Sporus, and assigned the boy a regular dowry according to contract;" q.v., Suetonius ''Nero'' 28; Dio Cassius '' Epitome '' 62.28 and married him in a very public ceremony with all the solemnities of matrimony, after which Sporus was forced to pretend to be the female concubine that Nero had killed and act as though they were really married. A friend gave the "bride" away as required by law. The marriage was celebrated in both Greece and Rome in extravagant public ceremonies. ''Conubium'' existed only between a ''civis Romanus'' and a ''civis Romana'' (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases). Furthermore, according to Susan Treggiari, "''matrimonium'' was then an institution involving a mother, ''mater''. The idea implicit in the word is that a man took a woman in marriage, ''in matrimonium ducere'', so that he might have children by her." In 342 AD, Christian emperors
Constantius II Constantius II (Latin: ''Flavius Julius Constantius''; grc-gre, Κωνστάντιος; 7 August 317 – 3 November 361) was Roman emperor from 337 to 361. His reign saw constant warfare on the borders against the Sasanian Empire and Germanic ...
and Constans issued a law in the
Theodosian Code The ''Codex Theodosianus'' (Eng. Theodosian Code) was a compilation of the laws of the Roman Empire under the Christian emperors since 312. A commission was established by Emperor Theodosius II and his co-emperor Valentinian III on 26 March 429 ...
(''C. Th.'' 9.7.3) prohibiting marriage between same-sex couples in Rome and ordering execution for those so married. Professor Fontaine of Cornell University Classics Department has pointed out that there is no provision for marriage between same-sex couples in Roman Law, and the text from 342 CE is corrupt, "marries a woman" might be "goes to bed in a dishonorable manner with a man" as a condemnation of homosexual behavior between men. The
Boxer Codex The ''Boxer Codex'' is a late sixteenth century Spanish manuscript that was produced in the Philippines. The document contains seventy-five colored illustrations of the peoples of China, the Philippines, Java, the Moluccas, the Ladrones, and Sia ...
, dated 1590, records the normality and acceptance of same-sex marriage in the native cultures of the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
prior to colonization.


Contemporary

Historians variously trace the beginning of the modern movement in support of same-sex marriage to anywhere from around the 1980s to the 1990s. In
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
same-sex marriage became an official request of gay rights movement after the
Second National March on Washington for Lesbian and Gay Rights The Second National March on Washington for Lesbian and Gay Rights was a large political rally that took place in Washington, D.C., on October 11, 1987. Its success, size, scope, and historical importance have led to it being called, "The Great Ma ...
in 1987. In 1989, Denmark became the first country to legally recognize a relationship for same-sex couples, establishing registered partnerships, which gave those in same-sex relationships "most rights of married heterosexuals, but not the right to adopt or obtain joint custody of a child". In 2001, the continental Netherlands became the first country to broaden marriage laws to include same-sex couples. Since then, same-sex marriage has been established by law in 31 other countries, including most of the
Americas The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North America, North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World. ...
and
Western Europe Western Europe is the western region of Europe. The region's countries and territories vary depending on context. The concept of "the West" appeared in Europe in juxtaposition to "the East" and originally applied to the ancient Mediterranean ...
. Yet its spread has been uneven —
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
is the only country in
Africa Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
to take the step;
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
is the only one in
Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an are ...
.


Timeline

The summary table below lists in chronological order the sovereign states ( United Nations member states plus
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
) that have legalized same-sex marriage. As of October 2022, 33 states have legalized, either partially or in full, with one state pending. Dates are when marriages between same-sex couples began to be officially certified.


Same-sex marriage around the world

Same-sex marriage is legally performed and recognized in the following countries:
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
,
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
,
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
,
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
,
Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the ...
,
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
,
Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribb ...
,
Denmark ) , song = ( en, "King Christian stood by the lofty mast") , song_type = National and royal anthem , image_map = EU-Denmark.svg , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of Denmark , establish ...
,
Ecuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
,
Finland Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bot ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
,
Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwee ...
,
Iceland Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its ...
,
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
,
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
,
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
,
Mexico Mexico (Spanish language, Spanish: México), officially the United Mexican States, is a List of sovereign states, country in the southern portion of North America. It is borders of Mexico, bordered to the north by the United States; to the so ...
, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
,
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island coun ...
,
Norway Norway, officially the Kingdom of Norway, is a Nordic countries, Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of ...
,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
,
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
,
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
,
Sweden Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic countries, Nordic c ...
,
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
,
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the no ...
, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, and
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
. It will become legal in
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
on 17 February 2023. Same-sex marriage is under consideration by the legislature or the courts in the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
,
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders wi ...
,
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
,
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
,
Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German language, German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constit ...
, the
Navajo Nation The Navajo Nation ( nv, Naabeehó Bináhásdzo), also known as Navajoland, is a Native Americans in the United States, Native American Indian reservation, reservation in the United States. It occupies portions of northeastern Arizona, northwe ...
, the remaining countries in the Netherlands,
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...
,
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
and
Venezuela Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
.
Civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s are being considered in a number of countries, including
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
,
the Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
,
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
,
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is b ...
and
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inva ...
. On 12 March 2015, the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
passed a non-binding resolution encouraging EU institutions and member states to " eflecton the recognition of same-sex marriage or same-sex civil union as a political, social and human and civil rights issue". In 2018, the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a hum ...
ruled that all signatory countries must allow same-sex marriage. Notable countries: * United States: The first local jurisdiction to knowingly issue a marriage license to a same-sex couple (1971) * Denmark: The first country to offer civil unions (1989) * Netherlands: The first country to legalize same-sex marriage, and the first European one (2001) * Canada: The first American country to legalize same-sex marriage (2005) * South Africa: The first country to legalize same-sex marriage through court ruling and the first African one (2005) * Mexico: The first local jurisdiction to legalize same-sex marriage in Latin America (2010) * Argentina: The first South American country to legalize same-sex marriage (2010) * New Zealand: The first Oceanian country to legalize same-sex marriage (2013) * Ireland: The first country to legalize same-sex marriage through referendum (2015) * Taiwan: The first Asian country to legalize same-sex marriage (2019) * Cuba: The first
one-party state A one-party state, single-party state, one-party system, or single-party system is a type of sovereign state in which only one political party has the right to form the government, usually based on the existing constitution. All other partie ...
to legalize same-sex marriage (2022) In response to the international spread of same-sex marriage, a number of countries have enacted preventative constitutional bans, with the most recent being
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
in 2018 and
Russia Russia (, , ), or the Russian Federation, is a transcontinental country spanning Eastern Europe and Northern Asia. It is the largest country in the world, with its internationally recognised territory covering , and encompassing one-ei ...
in 2020. In other countries, constitutions have been adopted which have wording specifying that marriage is between a man and a woman, although, especially with the older constitutions, they were not necessarily worded with the intent to ban same-sex marriage.


International court rulings


European Court of Human Rights

In 2010, the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
(ECHR) ruled in '' Schalk and Kopf v Austria'', a case involving an Austrian same-sex couple who were denied the right to marry. The court found, by a vote of 4 to 3, that their human rights had not been violated. The court further stated that same-sex unions are not protected under art. 12 of ECHR ("Right to marry"), which exclusively protects the right to marry of opposite-sex couples (without regard if the sex of the partners is the result of birth or of sex change), but they are protected under art. 8 of ECHR ("Right to respect for private and family life") and art. 14 ("Prohibition of discrimination"). Furthermore, under European Convention of Human Rights, states are not obliged to allow same-sex marriage: British Judge Sir
Nicolas Bratza Sir Nicolas Dušan Bratza (born 3 March 1945) is a British lawyer and a former President of the European Court of Human Rights. Bratza was the Judge of the Court in respect of the United Kingdom, the second person to hold the post as a full-ti ...
, then head of the European Court of Human Rights, delivered a speech in 2012 that signaled the court was ready to declare same-sex marriage a "human right", as soon as enough countries fell into line.
Article 12 of the European Convention on Human Rights Article 12 of the European Convention on Human Rights (ECHR) provides for two constituent rights: the right to marry and the right to found a family. With an explicit reference to ‘national laws governing the exercise of this right’, Article 12 ...
states that: "Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right", not limiting marriage to those in a heterosexual relationship. However, the ECHR stated in ''Schalk and Kopf v Austria'' that this provision was intended to limit marriage to heterosexual relationships, as it used the term "men and women" instead of "everyone".


European Union

On 5 June 2018, the
European Court of Justice The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European U ...
ruled, in a case from
Romania Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
, that, under the specific conditions of the couple in question, married same-sex couples have the same residency rights as other married couples in an EU country, even if that country does not permit or recognize same-sex marriage. However, the ruling was not implemented in Romania and on 14 September 2021 the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
passed a resolution calling on the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body ...
to ensure that the ruling is respected across the EU.


Inter-American Court of Human Rights

On 8 January 2018, the
Inter-American Court of Human Rights The Inter-American Court of Human Rights (IACHR or IACtHR) is an international court based in San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it was formed by the American Convention on Human Rights, a hum ...
(IACHR) ruled that the
American Convention on Human Rights The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into for ...
mandates and requires the legal recognition of same-sex marriage. The landmark ruling was fully binding on
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
and set binding precedent in the other signatory countries. The Court recommended that governments issue temporary decrees recognizing same-sex marriage until new legislation is brought in. Among states without same-sex marriage, the ruling applies to
Barbados Barbados is an island country in the Lesser Antilles of the West Indies, in the Caribbean region of the Americas, and the most easterly of the Caribbean Islands. It occupies an area of and has a population of about 287,000 (2019 estima ...
,
Bolivia , image_flag = Bandera de Bolivia (Estado).svg , flag_alt = Horizontal tricolor (red, yellow, and green from top to bottom) with the coat of arms of Bolivia in the center , flag_alt2 = 7 × 7 square p ...
, the
Dominican Republic The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with ...
,
El Salvador El Salvador (; , meaning " The Saviour"), officially the Republic of El Salvador ( es, República de El Salvador), is a country in Central America. It is bordered on the northeast by Honduras, on the northwest by Guatemala, and on the south ...
,
Guatemala Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by Hon ...
,
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
,
Honduras Honduras, officially the Republic of Honduras, is a country in Central America. The republic of Honduras is bordered to the west by Guatemala, to the southwest by El Salvador, to the southeast by Nicaragua, to the south by the Pacific Oce ...
,
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the coun ...
,
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country spanning the southern part of North America and the northern part of South America. It is bordered by Co ...
,
Paraguay Paraguay (; ), officially the Republic of Paraguay ( es, República del Paraguay, links=no; gn, Tavakuairetã Paraguái, links=si), is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to t ...
,
Peru , image_flag = Flag of Peru.svg , image_coat = Escudo nacional del Perú.svg , other_symbol = Great Seal of the State , other_symbol_type = National seal , national_motto = "Firm and Happy f ...
and
Suriname Suriname (; srn, Sranankondre or ), officially the Republic of Suriname ( nl, Republiek Suriname , srn, Ripolik fu Sranan), is a country on the northeastern Atlantic coast of South America. It is bordered by the Atlantic Ocean to the nor ...
. The Court said that governments "must recognize and guarantee all the rights that are derived from a family bond between people of the same sex". They also said that it was inadmissible and discriminatory for a separate legal provision to be established (such as
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s) instead of same-sex marriage. The Court demanded that governments "guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination". Recognizing the difficulty in passing such laws in countries where there is strong opposition to same-sex marriage, it recommended that governments pass temporary decrees until new legislation is brought in. The ruling has directly led to the legal recognition of same-sex marriage in
Costa Rica Costa Rica (, ; ; literally "Rich Coast"), officially the Republic of Costa Rica ( es, República de Costa Rica), is a country in the Central American region of North America, bordered by Nicaragua to the north, the Caribbean Sea to the no ...
and
Ecuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
. In the wake of the ruling, lawsuits regarding same-sex marriage have also been filed in Bolivia, Honduras, Panama, Paraguay (to recognize marriages performed abroad), and Peru, all of which are under the jurisdiction of the IACHR.


International organizations

The terms of employment of the staff of international organizations (not commercial) in most cases are not governed by the laws of the country where their offices are located. Agreements with the host country safeguard these organizations' impartiality. Despite their relative independence, few organizations recognize same-sex partnerships without condition. The agencies of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...
recognize same-sex marriages if the country of citizenship of the employees in question recognizes the marriage. In some cases, these organizations do offer a limited selection of the benefits normally provided to mixed-sex married couples to de facto partners or
domestic partner A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
s of their staff, but even individuals who have entered into a mixed-sex civil union in their home country are not guaranteed full recognition of this union in all organizations. However, the
World Bank The World Bank is an international financial institution that provides loans and grants to the governments of low- and middle-income countries for the purpose of pursuing capital projects. The World Bank is the collective name for the Inte ...
does recognize domestic partners.


Other arrangements


Civil unions

Civil union,
civil partnership A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
,
domestic partnership A domestic partnership is a legal relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive benefits that guarantee ...
, registered partnership, unregistered partnership, and unregistered cohabitation statuses offer varying legal benefits of marriage. As of , countries that have an alternative form of legal recognition other than marriage on a national level are:
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
,
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
,
Cyprus Cyprus ; tr, Kıbrıs (), officially the Republic of Cyprus,, , lit: Republic of Cyprus is an island country located south of the Anatolian Peninsula in the eastern Mediterranean Sea. Its continental position is disputed; while it is ...
, the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
,
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, an ...
,
Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders wi ...
,
Hungary Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Cr ...
,
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
,
Liechtenstein Liechtenstein (), officially the Principality of Liechtenstein (german: link=no, Fürstentum Liechtenstein), is a German language, German-speaking microstate located in the Alps between Austria and Switzerland. Liechtenstein is a semi-constit ...
, and
San Marino San Marino (, ), officially the Republic of San Marino ( it, Repubblica di San Marino; ), also known as the Most Serene Republic of San Marino ( it, Serenissima Repubblica di San Marino, links=no), is the fifth-smallest country in the world an ...
.
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
and
Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the ...
offer more limited rights. On a subnational level, the Dutch constituent country of Aruba allows same-sex couples to access civil unions or partnerships, but restrict marriage to couples of the opposite sex. Additionally, various cities and counties in
Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand ...
and
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the n ...
offer same-sex couples varying levels of benefits, which include hospital visitation rights and others. Additionally, seventeen countries that have legally recognized same-sex marriage also have an alternative form of recognition for same-sex couples, usually available to heterosexual couples as well:
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
,
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
,
Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
,
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to ...
,
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
,
Chile Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the eas ...
,
Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the ...
,
Ecuador Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ' ...
,
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
,
Luxembourg Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
,
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
, the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
,
Portugal Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of th ...
,
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring coun ...
,
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
and
Uruguay Uruguay (; ), officially the Oriental Republic of Uruguay ( es, República Oriental del Uruguay), is a country in South America. It shares borders with Argentina to its west and southwest and Brazil to its north and northeast; while bordering ...
. They are also available in parts of the United States (
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
,
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
,
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delawa ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
and
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
) and Canada.


Non-sexual same-sex marriage


Kenya

Female same-sex marriage is practiced among the Gikuyu,
Nandi Nandi may refer to: People * Nandy (surname), Indian surname * Nandi (mother of Shaka) (1760–1827), daughter of Bhebe of the Langeni tribe * Onandi Lowe (born 1974), Jamaican footballer nicknamed Nandi * Nandi Bushell (born 2010), South Afric ...
, Kamba, Kipsigis, and to a lesser extent neighboring peoples. About 5–10% of women are in such marriages. However, this is not seen as homosexual, but is instead a way for families without sons to keep their inheritance within the family.


Nigeria

Among the
Igbo people The Igbo people ( , ; also spelled Ibo" and formerly also ''Iboe'', ''Ebo'', ''Eboe'', * * * ''Eboans'', ''Heebo''; natively ) are an ethnic group in Nigeria. They are primarily found in Abia, Anambra, Ebonyi, Enugu, and Imo States. A s ...
and probably other peoples in the south of the country, there are circumstances where a marriage between women is considered appropriate, such as when a woman has no child and her husband dies, and she takes a wife to perpetuate her inheritance and family lineage.


Studies

The
American Anthropological Association The American Anthropological Association (AAA) is an organization of scholars and practitioners in the field of anthropology. With 10,000 members, the association, based in Arlington, Virginia, includes archaeologists, cultural anthropologists, ...
stated on 26 February 2004: Research findings from 1998 to 2015 from the
University of Virginia The University of Virginia (UVA) is a public research university in Charlottesville, Virginia. Founded in 1819 by Thomas Jefferson, the university is ranked among the top academic institutions in the United States, with highly selective ad ...
,
Michigan State University Michigan State University (Michigan State, MSU) is a public land-grant research university in East Lansing, Michigan. It was founded in 1855 as the Agricultural College of the State of Michigan, the first of its kind in the United States. It ...
,
Florida State University Florida State University (FSU) is a public university, public research university in Tallahassee, Florida. It is a senior member of the State University System of Florida. Founded in 1851, it is located on the oldest continuous site of higher e ...
, the
University of Amsterdam The University of Amsterdam (abbreviated as UvA, nl, Universiteit van Amsterdam) is a public research university located in Amsterdam, Netherlands. The UvA is one of two large, publicly funded research universities in the city, the other being ...
, the New York State Psychiatric Institute,
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is conside ...
, the University of California-San Francisco, the University of California-Los Angeles,
Tufts University Tufts University is a private research university on the border of Medford and Somerville, Massachusetts. It was founded in 1852 as Tufts College by Christian universalists who sought to provide a nonsectarian institution of higher learning. ...
, Boston Medical Center, the Committee on Psychosocial Aspects of Child and Family Health, and independent researchers also support the findings of this study.


Adolescence

A study of nationwide data from across the United States from January 1999 to December 2015 revealed that the rate of attempted suicide among school students in grades 9–12 declined by 7% and the rate of attempted suicide among high schoolers of a minority sexual orientation in grades 9–12 declined by 14% in states that established same-sex marriage, resulting in about 134,000 fewer attempting suicide each year in the United States. The researchers took advantage of the gradual manner in which same-sex marriage was established in the United States (expanding from one state in 2004 to all fifty states in 2015) to compare the rate of attempted suicide among youth in each state over the time period studied. Once same-sex marriage was established in a particular state, the reduction in the rate of attempted suicide among youth in that state became permanent. No reduction in the rate of attempted suicide among teenage youth occurred in a particular state until that state recognized same-sex marriage. The lead researcher of the study stated that "laws that have the greatest impact on gay adults may make gay kids feel more hopeful for the future".


Parenting

Professional organizations of psychologists have concluded that children stand to benefit from the well-being that results when their parents' relationship is recognized and supported by society's institutions, e.g. civil marriage. For example, the Canadian Psychological Association (CPA) stated in 2006 that "parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally-recognized union." The CPA has stated that the stress encountered by gay and lesbian parents and their children are more likely the result of the way society treats them than because of any deficiencies in fitness to parent. The
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was found ...
concluded in 2006, in an analysis published in the journal ''
Pediatrics Pediatrics ( also spelled ''paediatrics'' or ''pædiatrics'') is the branch of medicine that involves the medical care of infants, children, adolescents, and young adults. In the United Kingdom, paediatrics covers many of their youth until the ...
'':


Health

The
American Psychological Association The American Psychological Association (APA) is the largest scientific and professional organization of psychologists in the United States, with over 133,000 members, including scientists, educators, clinicians, consultants, and students. It ha ...
stated in 2004: "Denial of access to marriage to same-sex couples may especially harm people who also experience discrimination based on age, race, ethnicity, disability, gender and gender identity, religion, socioeconomic status and so on." It has also averred that same-sex couples who may only enter into a civil union, as opposed to a marriage, "are denied equal access to all the benefits, rights, and privileges provided by federal law to those of married couples", which has adverse effects on the well-being of same-sex partners. , the data of current psychological and other social science studies on same-sex marriage in comparison to mixed-sex marriage indicate that same-sex and mixed-sex relationships do not differ in their essential psychosocial dimensions; that a parent's sexual orientation is unrelated to their ability to provide a healthy and nurturing family environment; and that marriage bestows substantial psychological, social, and health benefits. Same-sex parents and carers and their children are likely to benefit in numerous ways from legal recognition of their families, and providing such recognition through marriage will bestow greater benefit than civil unions or domestic partnerships.Herek, Gregory M. "Legal recognition of same-sex relationships in the United States: A social science perspective." ''American Psychologist,'' Vol 61(6), September 2006, pp. 607–21. In 2009, a pair of economists at
Emory University Emory University is a private research university in Atlanta, Georgia. Founded in 1836 as "Emory College" by the Methodist Episcopal Church and named in honor of Methodist bishop John Emory, Emory is the second-oldest private institution of ...
tied the passage of state bans on same-sex marriage in the United States to an increase in the rates of HIV infection. The study linked the passage of a same-sex marriage ban in a state to an increase in the annual HIV rate within that state of roughly 4 cases per 100,000 population. In 2010, a
Columbia University Mailman School of Public Health The Joseph L. Mailman School of Public Health is the public health graduate school of Columbia University. Located on the Columbia University Medical Center campus in the Washington Heights neighborhood of Manhattan, New York City, the school ...
study examining the effects of institutional discrimination on the psychiatric health of lesbian, gay and bisexual (LGB) individuals found an increase in psychiatric disorders, including a more than doubling of anxiety disorders, among the LGB population living in states that instituted bans on same-sex marriage. According to the author, the study highlighted the importance of abolishing institutional forms of discrimination, including those leading to disparities in the mental health and well-being of LGB individuals. Institutional discrimination is characterized by societal-level conditions that limit the opportunities and access to resources by socially disadvantaged groups.


Issues

While few societies have recognized same-sex unions as marriages, the historical and anthropological record reveals a large range of attitudes towards same-sex unions ranging from praise, through full acceptance and integration, sympathetic toleration, indifference, prohibition and discrimination, to persecution and physical annihilation. Opponents of same-sex marriages have argued that same-sex marriage, while doing good for the couples that participate in them and the children they are raising, undermines a right of children to be raised by their biological mother and father. Some supporters of same-sex marriages take the view that the government should have no role in regulating personal relationships, while others argue that same-sex marriages would provide social benefits to same-sex couples. The debate regarding same-sex marriages includes debate based upon social viewpoints as well as debate based on majority rules, religious convictions, economic arguments, health-related concerns, and a variety of other issues.


Parenting

Scientific literature indicates that parents' financial, psychological and physical well-being is enhanced by marriage and that children benefit from being raised by two parents within a legally recognized union (either a mixed-sex or same-sex union). As a result, professional scientific associations have argued for same-sex marriage to be legally recognized as it will be beneficial to the children of same-sex parents or carers. Scientific research has been generally consistent in showing that lesbian and gay parents are as fit and capable as heterosexual parents, and their children are as psychologically healthy and well-adjusted as children reared by heterosexual parents. According to scientific literature reviews, there is no evidence to the contrary.


Adoption

All states that allow same-sex marriage also allow the joint
adoption Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, fro ...
of children by those couples with the exceptions of Ecuador, Taiwan, and a third of states in Mexico; in Taiwan, only step-child adoption of biological children is allowed; in the others, no adoption is allowed, though such restrictions have been ruled unconstitutional in Mexico. In addition,
Andorra , image_flag = Flag of Andorra.svg , image_coat = Coat of arms of Andorra.svg , symbol_type = Coat of arms , national_motto = la, Virtus Unita Fortior, label=none (Latin)"United virtue is stro ...
and
Israel Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
, which do not recognize same-sex marriage nonetheless permit joint adoption by unmarried same-sex couples. Some additional states that do not recognize same-sex marriage allow stepchild adoption by couples in civil unions:
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = " Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capi ...
,
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, an ...
,
Italy Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical ...
(on a case-by-case basis) and
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, and ...
. As of 2010, more than 16,000 same-sex couples were raising an estimated 22,000 adopted children in the United States, 4% of all adopted children.


Surrogacy and IVF treatment

A gay or bisexual man has the option of
surrogacy Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people, who will become the child's parent(s) after birth. People may seek a surrogacy arrangement when pregna ...
, the process in which a woman bears a child for another person through
artificial insemination Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment ...
or carries another woman's surgically implanted fertilized egg to birth. A lesbian or bisexual woman has the option of artificial insemination. Whether these arrangements are legal are subject to controversy in several jurisdictions.


Transgender and intersex people

The legal status of same-sex marriage may have implications for the marriages of couples in which one or both parties are
transgender A transgender (often abbreviated as trans) person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many transgender people experience dysphoria, which they seek to alleviate through ...
, depending on how sex is defined within a jurisdiction. Transgender and
intersex Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical b ...
individuals may be prohibited from marrying partners of the "opposite" sex or permitted to marry partners of the "same" sex due to legal distinctions. In any legal jurisdiction where marriages are defined without distinction of a requirement of a male and female, these complications do not occur. In addition, some legal jurisdictions recognize a legal and official change of gender, which would allow a transgender male or female to be legally married in accordance with an adopted gender identity. In the United Kingdom, the ''
Gender Recognition Act 2004 The Gender Recognition Act 2004 is an act of the Parliament of the United Kingdom that allows people who have gender dysphoria to change their legal gender. It came into effect on 4 April 2005. Operation of the law The Gender Recognition A ...
'' allows a person who has lived in their chosen gender for at least two years to receive a gender recognition certificate officially recognizing their new gender. Because in the United Kingdom marriages were until recently only for mixed-sex couples and civil partnerships are only for same-sex couples, a person had to dissolve their civil partnership before obtaining a gender recognition certificate, and the same was formerly true for marriages in England and Wales, and still is in other territories. Such people are then free to enter or re-enter civil partnerships or marriages in accordance with their newly recognized gender identity. In Austria, a similar provision requiring transsexual people to divorce before having their legal sex marker corrected was found to be unconstitutional in 2006. In Quebec, prior to the legalization of same-sex marriage, only unmarried people could apply for legal change of gender. With the advent of same-sex marriage, this restriction was dropped. A similar provision including sterilization also existed in Sweden, but was phased out in 2013. In the United States, transgender and intersex marriages was subject to legal complications. As definitions and enforcement of marriage are defined by the states, these complications vary from state to state, as some of them prohibit legal changes of gender.


Divorce

In the United States before the case of '' Obergefell v. Hodges'', couples in same-sex marriages could only obtain a divorce in jurisdictions that recognized same-sex marriages, with some exceptions.


Judicial and legislative

There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A " majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. In contrast, a
civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life ...
view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.


Public opinion

Numerous polls and studies on the issue have been conducted. A trend of increasing support for same-sex marriage has been revealed across many countries of the world, often driven in large part by a generational difference in support. Polling that was conducted in developed democracies in this century shows a majority of people in support of same-sex marriage. Support for same-sex marriage has increased across every age group, political ideology, religion, gender, race and region of various developed countries in the world. Various detailed polls and studies on same-sex marriage that were conducted in several countries show that support for same-sex marriage significantly increases with higher levels of education and is also significantly stronger among younger generations, with a clear trend of continually increasing support.


See also

* LGBT rights by country or territory * List of same-sex married couples * Religion and sexuality *
Legal status of same-sex marriage The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article. Civi ...
*
Societal attitudes toward homosexuality Societal attitudes toward homosexuality vary greatly across different cultures and historical periods, as do attitudes toward sexual desire, activity and relationships in general. All cultures have their own values regarding appropriate and ina ...


Notes


References


Bibliography

* * * * * * * * * * * * * * * * * * * * * *


External links

* {{Authority control LGBT-related legislation